Common use of Amendment of Site Certification Agreement Clause in Contracts

Amendment of Site Certification Agreement. ‌ 1. This Agreement may be amended pursuant to EFSEC rules and procedures applicable at the time of the request for amendment. Any requests by the Certificate Holder for amendments to this Agreement shall be made in writing. 2. No change in ownership or control of the Site shall be effective without prior Council approval pursuant to EFSEC rules and procedures. 3. Unless otherwise required by EFSEC, any change in the terms or conditions of the following Sections or Attachments to this Agreement shall not require amendment of this Site Certification Agreement in the manner prescribed in Section K.1, above, provided the change does not result in a material alteration of the size or location of the Site. 4. Repair, maintenance, and replacement of Site facilities: a) The Certificate Holder is permitted, without any further amendment to this agreement, to repair and maintain Site Facilities described in Article I.C and Attachment 1, consistent with the terms of this Agreement. b) The Certificate Holder shall notify EFSEC of the replacement of any significant portion of the Site Facilities no later than thirty (30) days prior to the replacement occurring. 5. In circumstances where the Site causes a significant adverse impact on the environment not previously analyzed or anticipated by this Agreement, or where such impacts are imminent, EFSEC shall take all steps it deems reasonably necessary, including imposition of specific conditions or requirements on the Certificate Holder as a consequence of such a situation in addition to the terms and conditions of this Agreement. Such additional conditions or requirements initially shall be effective for not more than ninety (90) days, and may be extended once for an additional ninety (90) day period if deemed necessary by EFSEC to pursue ongoing, or continuing temporary, arrangements under other authority, including but not limited to RCW 34.05, RCW 80.50 RCW, or Title 463 WAC.

Amendment of Site Certification Agreement. ‌ 1. This Agreement may be amended pursuant to EFSEC rules and procedures applicable at the time of the request for amendment. Any requests by the Certificate Holder for amendments to this Agreement shall be made in writing. 2. No change in ownership or control of the Site Project shall be effective without prior Council approval pursuant to EFSEC rules and procedures. 3. Unless otherwise required by EFSEC, any change in the terms or conditions of the following Sections or Attachments to this Agreement shall not require amendment of this Site Certification Agreement in the manner prescribed in Section K.1, above, provided the change does not result in a material alteration of the size or location of the Site. 4. Repair, maintenance, and replacement of Site Project facilities: a) a. The Certificate Holder is permitted, without any further amendment to this agreement, to repair and maintain Site Project Facilities described in Article I.C and Attachment 1I.C, consistent with the terms of this Agreement. b) b. The Certificate Holder shall notify EFSEC of the replacement of any significant portion of the Site Project Facilities no later than thirty (30) days prior to the replacement occurring. 5c. The Certificate Holder may replace any and all project facilities (including but not limited to equipment and structures) when necessary or to improve efficiency, without the need to amend this SCA, as long as the replacement facilities are within the physical dimensions authorized by this SCA, and do not present any environmental impacts greater than those evaluated in the MDNS. The fact that such replacements increase the generating capacity of the facility above 470 MW, shall not, by itself, require amendment of this SCA. d. If facility replacements represent a significant departure from the originally approved construction plans, EFSEC may require the submission of new construction plans, in the same manner as for original construction plans. 4. In circumstances where the Site Project causes a significant adverse impact on the environment not previously analyzed or anticipated by this Agreement, or where such impacts are imminent, EFSEC shall take all steps it deems reasonably necessary, including imposition of specific conditions or requirements on the Certificate Holder as a consequence of such a situation in addition to the terms and conditions of this Agreement. Such additional conditions or requirements initially shall be effective for not more than ninety (90) days, days and may be extended once for an additional ninety (90) day period if deemed necessary by EFSEC to pursue ongoing, or continuing temporary, arrangements under other authority, including but not limited to RCW 34.05, RCW 80.50 RCW, or Title 463 WAC.

Amendment of Site Certification Agreement. ‌ 1. This Agreement may be amended pursuant to EFSEC rules and procedures applicable at the time of the request for amendment. Any requests by the Certificate Holder for amendments to this Agreement shall be made in writing. 2. No change in ownership or control of the Site shall be effective without prior Council approval pursuant to EFSEC rules and procedures. 3. Unless otherwise required by EFSEC, any change in the terms or conditions of the following Sections or Attachments to this Agreement shall not require amendment of this Site Certification Agreement in the manner prescribed in Section K.1, above, provided the change does not result in a material alteration of the size or location of the Site. 4. Repair, maintenance, and replacement of Site facilities: a) The Certificate Holder is permitted, without any further amendment to this agreement, to repair and maintain Site Facilities described in Article I.C and Attachment 1, consistent with the terms of this Agreement. b) The Certificate Holder shall notify EFSEC of the replacement of any significant portion of the Site Project Facilities no later than thirty (30) days prior to the replacement occurring. 5. In circumstances where the Site causes a significant adverse impact on the environment not previously analyzed or anticipated by this Agreement, or where such impacts are imminent, EFSEC shall take all steps it deems reasonably necessary, including imposition of specific conditions or requirements on the Certificate Holder as a consequence of such a situation in addition to the terms and conditions of this Agreement. Such additional conditions or requirements initially shall be effective for not more than ninety (90) days, and may be extended once for an additional ninety (90) day period if deemed necessary by EFSEC to pursue ongoing, or continuing temporary, arrangements under other authority, including but not limited to RCW 34.05, RCW 80.50 RCW, or Title 463 WAC.

Amendment of Site Certification Agreement. ‌ 1. This Agreement may be amended pursuant to EFSEC rules and procedures applicable at the time of the request for amendment. Any requests by the Certificate Holder for amendments to this Agreement shall be made in writing. 2. No A change in ownership or control of the Site Project shall be effective without prior Council approval pursuant to EFSEC rules and procedures. The Certificate Holder shall also comply with the requirements of Section 10.1 of Attachment 4 to this Agreement. 3. Amendment, modification or termination of the Kittitas County Development Agreement (Attachment 4 to this Agreement) by the Certificate Holder, pursuant to Section 9 of Attachment 4, or by mutual agreement of Kittitas County and the Certificate Holder pursuant to Section 1.2 of Attachment 4, or by modification pursuant to the requirements of Section 1.3 of Attachment 4, shall constitute an amendment to this Agreement. The Certificate Holder shall notify EFSEC of any such action pending before the County, and shall initiate a request for amendment of this Agreement pursuant to EFSEC rules and procedures. 34. Unless otherwise required by EFSEC, EFSEC any change in the terms or conditions of the following Sections or Attachments to this Agreement shall not require amendment of this Site Certification Agreement in the manner prescribed in Section K.1K.1 above: Attachment 1 – Site and Mitigation Parcel Legal Descriptions, aboveand Attachment 2 – Transmission Line Legal Descriptions, provided the said change does not result in a material alteration materially alter the size, location or purpose of the size or location of the Sitemitigation parcel. 45. Repair, maintenance, and replacement of Site facilities: a) The Activities undertaken by the Certificate Holder is permitted, without any further pursuant to Sections 8.1 and 8.2 of Attachment 4 to this Agreement shall not constitute an amendment to this agreementAgreement. However, to repair and maintain Site Facilities described in Article I.C and Attachment 1, consistent with the terms of this Agreement. b) The Certificate Holder shall notify EFSEC of the replacement of any significant portion a WTG with a “Comparable Turbine” as defined in Section 8.2.ii of the Site Facilities Attachment 4, no later than thirty (30) days prior to the replacement occurring. 56. In circumstances where the Site Project causes a significant adverse impact on the environment not previously analyzed or anticipated by this Agreement, including wildlife impacts that significantly exceed projections anticipated in the Application and Final EIS, or where such impacts are imminent, EFSEC shall take all steps it deems reasonably necessary, including imposition of necessary and impose specific conditions or requirements on the Certificate Holder as a consequence of such a situation in addition to the terms and conditions of this Agreement. Such additional conditions or requirements initially shall be effective for not more than ninety (90) days, and may be extended once for an additional ninety (90) day period if deemed necessary by EFSEC; provided, however, EFSEC may impose conditions on a longer-term basis pursuant to pursue ongoing, or continuing temporary, arrangements under other authority, including but not limited to RCW 34.05, RCW 80.50 RCW, or Title 463 WACWAC 000-00-000.

Amendment of Site Certification Agreement. ‌ 1. This Agreement may be amended pursuant to EFSEC rules and procedures applicable at the time of the request for amendment. Any requests by the Certificate Holder for amendments to this Agreement shall be made in writing. 2. No change in ownership or control of the Site shall be effective without prior Council approval pursuant to EFSEC rules and procedures. 3. Unless otherwise required by EFSEC, any change in the terms or conditions of the following Sections or Attachments to this Agreement shall not require amendment of this Site Certification Agreement in the manner prescribed in Section K.1, above, provided the change does not result in a material alteration of the size or location of the Site. 4. Repair, maintenance, and replacement of Site facilities: a) The Certificate Holder is permitted, without any further amendment to this agreement, to repair and maintain Site Facilities described in Article I.C and Attachment 1, consistent with the terms of this Agreement. b) The Certificate Holder shall notify EFSEC of the replacement of any significant portion of the Site Facilities no later than thirty (30) days prior to the replacement occurring. 5. In circumstances where the Site causes a significant adverse impact on the environment not previously analyzed or anticipated by this Agreement, or where such impacts are imminent, EFSEC shall take all steps it deems reasonably necessary, including imposition of specific conditions or requirements on the Certificate Holder as a consequence of such a situation in addition to the terms and conditions of this Agreement. Such additional conditions or requirements initially shall be effective for not more than ninety (90) days, and may be extended once for an additional ninety (90) day period if deemed necessary by EFSEC to pursue ongoing, or continuing temporary, arrangements under other authority, including but not limited to RCW 34.05, RCW 80.50 RCW, or Title 463 WAC.